Application3
1
These Regulations apply in the following cases.
2
Case 1 is where the Bank has made a resolution instrument in accordance with section 12A(2) of the Act9 (“Case 1”).
3
Case 2 is where—
a
the Bank has made a property transfer instrument in accordance with section 11(2), 12(2) or 12ZA(3) of the Act10, and
b
the property transfer instrument makes special bail-in provision (in accordance with section 44B(1) of the Act11) (“Case 2”).
4
Case 3 is where—
a
the Bank has made a property transfer instrument in accordance with section 11(2), 12(2) or 12ZA(3) of the Act which does not make special bail-in provision, but
b
special bail-in provision is made (in accordance with section 44B(1) of the Act) in an associated supplemental property transfer instrument (within the meaning of section 44B(2)) (“Case 3”).
5
Case 4 is where—
a
the Bank has made a third-country instrument in accordance with section 89H of the Act (recognition of third-country resolution actions)12, and
b
either—
i
that third-country instrument, or
ii
any subsequent third-country instrument made under section 89I(4)(b),
makes special bail-in provision (“Case 4”).